근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant in the facts charged in the instant case is the representative director of C in Kimhae-si, who ordinarily employs 20 workers, and is an employer.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, the defendant works in the above workplace from March 17, 2010 to February 28, 2019.
The retirement allowance of 16,505,326 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: the proviso to Article 44 (1) 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;